Common use of Senior Agent Clause in Contracts

Senior Agent. The Senior Agent shall have executed and delivered to you a consent, in form and substance acceptable to you, to the transactions contemplated by the Financing Documents, permitting the Company to incur and have outstanding the indebtedness and all other obligations in respect of the Note Agreement, the Warrant Agreement, the Notes and the Warrants, the issuance and sale of the Notes and the Warrants and the issuance of Common Stock to the holders of the Warrants upon exercise of the Warrants, permitting each Subsidiary Guarantor to enter into the Subsidiary Guarantee, and waiving any default or event of default which might have occurred by virtue of the execution and delivery of this Agreement and the other Financing Documents.

Senior Agent. The Senior Agent and the Company shall have executed and delivered to you a consentan agreement, in form and substance acceptable to you, consenting to the transactions contemplated by the Financing Documents, permitting the Company to incur and have outstanding the indebtedness and all other obligations in respect of the Note Agreement, the Warrant Agreement, the Notes Agreement and the WarrantsNotes, the issuance and sale of the Notes and the Warrants and the issuance of Common Stock to the holders of the Warrants upon exercise of the Warrants, permitting each Subsidiary Guarantor to enter into the Subsidiary GuaranteeGuaranty, and waiving any default or event of default which might have occurred by virtue of the execution and delivery of this Agreement and the other Financing Documents.